Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Humane Society of the United States v. Kempthorne

The D.C. Circuit vacated a judgment entered by the U.S. District Court for the District of Columbia enjoining the Fish and Wildlife Service "from authorizing the lethal take of any more gray wolves for depredation control purposes." While an appeal of the injunction was pending, the U.S. Department of the Interior removed the relevant gray wolf population from the endangered species list. Parties to the litigation agreed that the delisting mooted the appeal, but the appellees opposed vacatur.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued March 17, 2008

Before: HENDERSON, Circuit Judge, and EDWARDS and WILLIAMS, Senior Circuit Judges.

Dirk Kempthorne, Secretary of the United States Department of the Interior (Secretary), the Fish and Wildlife Service (FWS) of the Department of the Interior (Interior) and H. Dale Hall, Director of the FWS (collectively federal appellants), together with the Safari Club International and Safari Club International Foundation (collectively Safari Club), appeal the district court judgment enjoining the FWS “from authorizing the lethal take of any more gray wolves for depredation control purposes” by the Wisconsin Department of Natural Resources (Wisconsin DNR). Humane Soc’y of the United States v. Kempthorne, CV06-1279, slip op. at 34 (Aug. 9, 2006); id. Order (Sept. 6, 2006). The Humane Society of the United States (Humane Society) and other environmental organizations*fn1 had sought the injunction because, in their view, the gray wolf, as an endangered species, could not be the object of a lethal depredation control program under the Endangered Species Act (ESA), 16 U.S.C. §§ 1531 et seq. The district court agreed. While the appeal was pending, Interior removed the gray wolf population located in the Western Great Lakes Region (which includes Wisconsin) from the endangered species list. See Final Rule Designating the Western Great Lakes Populations of Gray Wolves as a Distinct Population Segment; Removing the Western Great Lakes Distinct Population Segment of the Gray Wolf From the List of Endangered and Threatened Wildlife, 72 Fed. Reg. 6052 (Feb. 8, 2007). The parties agree that the delisting moots the appeal. The federal appellants and the Safari Club have moved to vacate the district court judgment and the Humane Society opposes vacatur. For the reasons set forth below, we grant the appellants’ motion and vacate the district court judgment.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center

New England Legal Awards (NELA) 2023

September 21, 2023
Boston, MA

Celebrating professional excellence in law in Connecticut, Maine, Vermont, New Hampshire, Massachusetts and Rhode Island.


Learn More

General Counsel Conference Southwest 2023

September 20, 2023 - September 21, 2023
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More

New Jersey Legal Awards (NJLA) 2023

September 27, 2023
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More
Go to Events Go to Webcasts

CSE - Special Education Unit Attorney (Level 3) 12309


CSE - Special Education Unit Attorney (Level 3) 12309AMENDED Position Summary: Under the supervision of the Director of the Special Educa...


Apply Now ›

Administrative Trials Attorney (Level 3) 14405


Administrative Trials Attorney (Level 3) - 14405AMENDED Position Summary: Under the direction of the Director of the Administrative Trials ...


Apply Now ›

CSE - Special Education Unit Attorney (Level 3) 14901


CSE - Special Education Unit Attorney (Level 3) 14901AMENDED Position Summary: Under the supervision of the Special Education Appeals Uni...


Apply Now ›
Go to Lawjobs

RIKER DANZIG SCHERER HYLAND & PERRETTI LLP

09/18/2023
New Jersey Law Journal

Riker Danzig deeply mourns the passing of our esteemed partner, dear friend and beloved colleague, Marc D'Angiolillo.


View Announcement ›

Eisenberg, Rothweiler, et.al

09/12/2023
TLI Web

Eisenberg Rothweiler


View Announcement ›

Anselmi & Carvelli, LLP

09/11/2023
New Jersey Law Journal

IN MEMORIAM OUR FRIEND, MENTOR, AND COLLEAGUE It is with profound sadness that we announce the passing of our partner, friend, mentor, and colleague Bruce I. Goldstein, on September 2, 2023. The prominent New Jersey trial attorney was 80. In a legal career spanning more than five decades, Bruce was regarded as one of the most talented and sought after litigators in New Jersey. His love for the legal profession was contagious. Bruce will be greatly missed, as will his signature greeting, How you be? and the outsized smile that accompanied it.


View Announcement ›
Go to Professional Announcements

Legal Newswire

Addition of Two New Partners Continues Sterlington s Expansion: Jennifer Czeisle...
TITAN ASSET MANAGEMENT GETS DRAGGED INTO MULTI-MILLION DOLLAR TORTIOUS INTERFERE...
Warren Kash Warren LLP Announces New Name, New Managing Partner
Judge Denies Motion To End Some Claims Against Persons Who Are The CEO and A Dir...
Submit a press release